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STATE v. AVILA

No. 1 CA-CR 07-0004.

170 P.3d 706 (2007)

STATE of Arizona, Appellee, v. Ricardo AVILA, Appellant.

Court of Appeals of Arizona, Division 1, Department A.

As Corrected November 30, 2007.

Attorney(s) appearing for the Case

Terry Goddard, Attorney General By Randall M. Howe, Chief Counsel, Criminal Appeals Section and Eric J. Olsson, Assistant Attorney General, Tucson, Attorneys for Appellee.

James Haas, Maricopa County Public Defender By Terry J. Adams, Deputy Public Defender, Phoenix, Attorneys for Appellant.

HALL, Judge.

¶ 1 Ricardo Avila (defendant) was convicted of two counts of aggravated driving while under the influence of intoxicating liquor (aggravated DUI), class four felonies, in violation of Arizona Revised Statutes (A.R.S.) section 28-1381(A)(1), (2) (Supp.2006). On appeal, he argues for the first time that one of the prior felony convictions used by the trial court to enhance his sentence did not qualify as a "historical prior felony conviction" as defined...

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